| 1 | 1 | | 85R6467 MK-D |
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| 2 | 2 | | By: Buckingham S.B. No. 1293 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to a prohibition on requiring a gift or grant to be made to |
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| 8 | 8 | | a district or county attorney or a commissioners court as a |
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| 9 | 9 | | condition of a defendant's pretrial intervention agreement. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter A, Chapter 41, Government Code, is |
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| 12 | 12 | | amended by adding Section 41.016 to read as follows: |
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| 13 | 13 | | Sec. 41.016. REQUEST FOR GIFTS AND GRANTS FOR CERTAIN |
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| 14 | 14 | | PURPOSES PROHIBITED. (a) In this section: |
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| 15 | 15 | | (1) "Pretrial intervention agreement" includes an |
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| 16 | 16 | | agreement for the dismissal or reduction of a defendant's criminal |
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| 17 | 17 | | charges. |
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| 18 | 18 | | (2) "Prosecutor" means a county attorney, district |
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| 19 | 19 | | attorney, criminal district attorney, assistant county attorney, |
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| 20 | 20 | | assistant district attorney, or assistant criminal district |
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| 21 | 21 | | attorney. |
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| 22 | 22 | | (b) A prosecutor or a commissioners court may not include as |
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| 23 | 23 | | a condition in a pretrial intervention agreement that the defendant |
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| 24 | 24 | | or a person acting on behalf of the defendant make a gift or grant to |
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| 25 | 25 | | the office or the court. |
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| 26 | 26 | | (c) Soliciting or accepting a gift or grant in connection |
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| 27 | 27 | | with a defendant's pretrial intervention agreement constitutes a |
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| 28 | 28 | | violation of Section 36.06(a)(2), Penal Code. |
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| 29 | 29 | | SECTION 2. Subchapter B, Chapter 45, Government Code, is |
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| 30 | 30 | | amended by adding Section 45.101 to read as follows: |
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| 31 | 31 | | Sec. 45.101. REQUEST FOR GIFT OR GRANT FOR CERTAIN PURPOSES |
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| 32 | 32 | | PROHIBITED. (a) For purposes of this subchapter, a county attorney |
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| 33 | 33 | | who is authorized to accept gifts or grants for the purpose of |
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| 34 | 34 | | assisting the operation of the office of county attorney may not |
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| 35 | 35 | | request or accept a gift or grant: |
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| 36 | 36 | | (1) as a condition of a defendant's pretrial |
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| 37 | 37 | | intervention agreement; or |
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| 38 | 38 | | (2) in exchange for the dismissal or reduction of |
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| 39 | 39 | | criminal charges brought against the defendant. |
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| 40 | 40 | | (b) A violation of this section constitutes a violation of |
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| 41 | 41 | | Section 36.06(a)(2), Penal Code. |
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| 42 | 42 | | SECTION 3. This Act takes effect September 1, 2017. |
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